Power of sale

  • ANZ v Maunder [2009] NSWSC 1356

    26 November 2009
    In this matter, the ANZ, exercising its power of sale under a mortgage, sold a property belonging to a man and a woman. There was a surplus of $78,493.09 the bank, pursuant to the Trustee Act 1925...
  • Fitzsimons v CBA [2009] NSWSC 1255

    05 November 2009
    Proceedings for possession were resolved by the parties entering into a deed of release with provision for the lender to take possession of the security and sell it. The borrower then had a change...
  • Perpetual; Application of Caveat Lenders [2009] NSWSC 776

    28 July 2009
    The first mortgagee sold the property and paid the surplus proceeds into Court in accordance with the provisions of the Trustee Act 1925. Under the Act persons holding money that does not belong to...
  • Kingsway Group v Belramoul [2009] NSWSC 608

    07 July 2009
    A husband and wife bought a property in Mosman with a mortgage for $1.9 million and obtained a DA to demolish the existing building and put up substantially larger building. However the development...
  • Bolitho v Permanent Custodians [2009] NSWSC 580

    18 June 2009
    The borrower obtained a temporary injunction against the lender restraining it from proceeding with the auction. The injunction was then extended to allow further time to refinance. With the failure...
  • Winters v H G & R Nominees [2009] NSWSC 467

    31 May 2009
    Bransgroves acted for the lender in this case where the borrower sued 10 years after the event alleging breach of duty in the exercise of its power of sale. The Court noted a registered mortgage,...
  • HG & R Securities v Sayer [2009] NSWSC 427

    21 May 2009
    Bransgroves acted in these proceedings for the lender which sold the property pursuant to a power of sale under a registered mortgage. The purchaser did not complete the sale within the time...
  • Zamobay v BankWest [2009] NSWSC 410

    18 May 2009
    In this case the lender exercised power of sale over three properties suffering a shortfall. The guarantor alleged following offsetting claims: Alleged failure to achieve a proper rent for the...
  • GE Commercial Finance Australia v Meredith [2009] NSWSC 327

    28 April 2009
    In this case the lender listed the security property (a hotel) for sale by public auction. The day before the auction the borrower entered into an unconditional contract to sell the property for...
  • Gippsreal v Hanna [2009] NSWSC 169

    22 February 2009
    Perpetual Trustee held the first mortgage and exercised their power of sale. In the meantime Gippsreal who claimed a second ranking equitable mortgage placed a caveat on title. This was sought to be...


Brans Case Notes



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